M/S MALLELIL INDUSTRIES PVT LTD,PATHANAMTHITTA vs. THE ITO , THIRUVALLA

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

set off of loss of the amalgamating company. In this regard we are of the view that the Revenue cannot take a contradictory stand in different assessment years, particularly in a situation where the facts are identical for both the years as discussed above. In simple words we hold that the Revenue cannot disturb the proceedings by disallowing

ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD,ERNAKULAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1),KOCHI, ERNAKULAM

In the result, the appeal filed by the assessee stands partly allowed

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2011-12 Roads & Bridges Development .......... Appellant Corporation Of Kerala Ltd. Preethi Building, M.V. Road, Palarivattom Ernakulam 682025 [Pan: Aabcr7841Q] Vs. Acit, Corporte Circles-2(1), Kochi .......... Respondent Appellant By: Smt. Remya S. Menon, Ca Respondent By: Shri Sundarasan S., Cit.Dr Date Of Hearing: 29.05.2025 Date Of Pronouncement: 24.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 17.03.2023 For Assessment Year (Ay) 2011-12. 2. Brief Facts Of The Case Are That The Appellant Is A Company Which Is A Wholly Owned By Government Of Kerala Undertaking. It Is Engaged In The Business Of Construction, Development, Operation & Maintenance Of Railway Over Bridges, Highway Projects, Etc. The 2 Roads & Bridges Development Corporation Of Kerala Ltd. Original Return Of Income For Ay 2011-12 Was Filed On 28.09.2011 Declaring Loss Of Rs. 9,65,43,016/-. The Same Was Revised On 07.01.2013 At A Loss Of Rs. 5,11,71,331/-. Against The Said Return Of Income, The Assessment Was Completed By The Acit, Corporate Circle 2(1), Kochi Vide Order Dated 30.03.2014 At Total Income Of Rs.2,10,68,827/- Before Set Off Of Brought Forward Loss. Ultimately The Income Was Assessed At Nil Income. Subsequently, The Ao Issued A Notice U/S. 148 Of The Income Tax Act, 1961 (The Act) On 10.04.2015 For The Reason That Income Escaped Assessment To Tax For Following Reasons: -

set off of loss allowed in the original assessment of Rs. 3,80,22,354/-, disallowed depreciation on intangible assets

TRIVANDRUM CABLE NETWORK (P) LTD,TRIVANDRUM vs. DCIT CENTRAL CIRCLE-1, TRIVANDRUM

In the result, the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao

disallowance of set off of carry forwarded loss Rs.1,57,038 4. Being aggrieved by the above assessment order, the assessee

TRIVANDRUM CABLE NETWORK (P) LTD,TRIVANDRUM vs. DCIT CENTRAL CIRCLE-1, TRIVANDRUM

In the result, the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao

disallowance of set off of carry forwarded loss Rs.1,57,038 4. Being aggrieved by the above assessment order, the assessee

TRIVANDRUM CABLE NETWORK (P) LTD,TRIVANDRUM vs. DCIT CENTRAL CIRCLE-1, TRIVANDRUM

In the result, the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao

disallowance of set off of carry forwarded loss Rs.1,57,038 4. Being aggrieved by the above assessment order, the assessee

TRIVANDRUM CABLE NETWORK(P) LTD,TRIVANDRUM vs. DCIT CENTRAL CIRCLE -1, TRIVANDRUM

In the result, the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao

disallowance of set off of carry forwarded loss Rs.1,57,038 4. Being aggrieved by the above assessment order, the assessee

TRIVANDRUM CABLE NETWORK (P) LTD,TRIVANDRUM vs. DCIT CENTRAL CIRCLE -1, TRIVANDRUM

In the result, the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao

disallowance of set off of carry forwarded loss Rs.1,57,038 4. Being aggrieved by the above assessment order, the assessee

TRIVANDRUM CABLE NETWORK (P) LTD,TRIVANDRUM vs. DCIT CENTRAL CIRCLE-1, TRIVANDRUM

In the result, the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao

disallowance of set off of carry forwarded loss Rs.1,57,038 4. Being aggrieved by the above assessment order, the assessee

THE KERALA STATE HANDLOOM WEAVERS COOPERATIVE SOCIETY LIMITED,THIRUVANANTHAPURAM vs. ITO,WARD 2(1), TRIVANDRUM

In the result, appeals filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary

disallowed the claim of set off of brought forward losses in the absence of determination loss in the earlier assessment

THE KERALA STATE HANDLOOM WEAVERS COOPERATIVE SOCIETY LIMITED,TRIVANDRUM vs. ITO,WARD 2(1), TRIVANDRUM

In the result, appeals filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary

disallowed the claim of set off of brought forward losses in the absence of determination loss in the earlier assessment

M/S.IBS SOFTWARE SERVICES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Loss on onerous contracts of INR.5,66,26,572/- (c) Disallowance under Section 36(1)(va) of the Act of INR.77,71,759/- (d) Disallowance under Section 36(1)(iii) of the Act of 2 Assessment Year 2013-2014 INR.12,68,911/- The Assessee has now preferred the present appeal challenging Final Assessment Order. The Assessee has raised 17 Grounds

LALY CHIRAKANDATHIL GEORGE,KOCHI vs. THE ACIT, KOCHI

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm Laly Chirakandathil George The Acit Corp. Circle 1(2) Kattarukudiyil, Rmv Road, Kochi Vs. Elamakara, Kochi-26

disallowing the set off of short term capital loss (STCL for short) amounting to Rs.18,76,000/- against the long

M/S.ROADS AND BRIDGES DEVELOPMENT CORPN OF KERALA LTD,ERNAKULAM vs. THE ACIT, KOCHI

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2016-17

set off in the ensuing years as per the Income Tax Act. 6. The learned Pr. CIT also erred in disregarding the fact that a part of the carried forward loss claimed by the company has been disallowed

SRI UMA MAHESHWARA RAO CHINNI,GUNTUR vs. ASST COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

disallowing the claim of set off of business loss there-against, which was restricted to, apart from regular business income

SRI SRAVAN KUMAR NEELA,NALGONDA vs. ACIT CENTRAL CIRCLE 1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

disallowing the claim of set off of business loss there-against, which was restricted to, apart from regular business income

MUTHOOT AGRI PROJECTS AND HOSPITALITIES P. LTD,MAHARASTRA vs. ACIT, TRIVANDRUM

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmi

disallowance of the balance expenditure of Rs. 198.29 lacs (i.e., Rs. 410.61 lacs – Rs. 212.32 lacs) remains un-interfered with. 5. In sum, the assessee, a company setting-up business during the relevant year, though claiming loss

CHIRAKKAL UPABOKTHRU SAHAKARNA SANGAM LTD NO. C1480,KANNUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, KANNUR

In the result, the appeals filed by the assessee for assessment years 2013-2014 to 2015-2016 are allowed

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

loss or disallowances apparent which are not disallowed etc, can be adjusted. The issue whether the appellant is eligible for deduction u/s 80P is not a matter that can come within the ambit of prima facie adjustment authorised u/s 143(1). The disallowance of the claim u/s 80P in the intimation is not in accordance with law and hence

CHIRAKKAL UPABOKTHRU SAHAKARNA SANGAM LTD NO. C1480,KANNUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CPC , KANNUR

In the result, the appeals filed by the assessee for assessment years 2013-2014 to 2015-2016 are allowed

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

loss or disallowances apparent which are not disallowed etc, can be adjusted. The issue whether the appellant is eligible for deduction u/s 80P is not a matter that can come within the ambit of prima facie adjustment authorised u/s 143(1). The disallowance of the claim u/s 80P in the intimation is not in accordance with law and hence